Court of Appeals of New York
609 N.E.2d 518 (1993)
Law enforcement agents surveilled and wiretapped the phone of Acosta (defendant). Law enforcement overheard Acosta telling someone that he worked with his brother, who was known to sell cocaine. Later, agents overheard Acosta arranging to meet with a cocaine supplier. At the time agreed upon in that phone call, a person arrived at Acosta’s apartment and entered with a heavy bag. Approximately 15 minutes later, the person left the apartment carrying the same heavy bag. Soon after, Acosta called an associate and discussed “tickets” and “seats.” Acosta stated that the tickets were no good and were not what was agreed upon. Acosta then continued to make arrangements to purchase alternative tickets after the apparent rejection of the first delivery. The State of New York (plaintiff) charged Acosta with attempted possession of cocaine and Acosta was convicted by a jury. The appellate court reversed the conviction. The prosecution appealed.
Rule of Law
Holding and Reasoning (Kaye, J.)
Dissent (Smith, J.)
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